Expert: Leslie - 8/24/2008

Question
If a name is spelled incorrectly in a legal (recorded in the courthouse) document and a person is attempting to reference the document, would you put the original, misspelled name, followed by sic in brackets AND the correct spelling of the name?


Answer
Lynne,

Short answer: No

Long answer:
Sic is used when the original wording contains a misspelling. Nothing in the rules states, however, that the correct spelling be provided.

The only reason I can see for providing the correct spelling would be to correct the error, in which case, you would probably need to provide proof of the error, and submit an amendment or some other legal recourse.

For example, if a birth certificate had the name Mary Smith spelled Mayr Smythe. Legally, Mary Smith is Mayr Smythe and her use of the name "Mary Smith" is, in fact, an alias. Adding SIC behind Mayr Smythe would only confuse the clerk trying to find the document.

If on the other hand, Mary Smith is trying to prove that she is the heir to the Smith fortune, and her birth certificate is incorrectly spelled, she could submit an explanation to the court stating that a "fat-fingered" typist misspelled her name on the birth certificate. In either case, no sic would be used.

Hope this answers your question.

Leslie